|
|
Interpretation of the Interstate Commerce Clause by the U.S. Supreme Court
Musilová, Nikola ; Kozák, Kryštof (advisor) ; Raková, Svatava (referee)
This diploma thesis aims to analyze the issue of one of the most significant congressional powers found in Article I., Section 8 of the U.S. Constitution. Congressional power to regulate interstate commerce has been instrumental to the federal government's legislative efforts in many areas of law. This constitutional provision enabled the Congress to react to the changing conditions and new problems the country has been facing, especially in the area of working conditions, civil rights, criminal justice or even environmental law and many others. The expansion of power of the federal government, however, was not always greeted with enthusiasm, especially in the first three decades of the 20th century, before the Supreme Court began to read the commerce power much more broadly, to the point that it ceased to be a factual limitation of its powers. This trend was meant to be stopped by the New Federalism movement and the five new conservative justices who issued rulings that limited the scope of the Commerce Clause. However, this group of justices proved to be very inconsistent in its own approach toward this constitutional provision and eventually fell apart, which rendered Rehnquist's attempted constitutional revolution with respect to state's rights partly a failure. As the new Court membership under...
|
|
| |
|
|
The position of the Supreme Court in the American political system and the significance of its decision-making for the political procedure in the USA.
Zástěra, Martin ; Pithart, Petr (advisor) ; Kysela, Jan (referee)
The thesis "Role of the U.S. Supreme Court in American system of government and the importance of Court's decisions for the political process in the United States of America" deals with the institutional role U.S. Supreme Court has in American system of government and puts emphasis on Court's decisions and their practical consequences on the politics in the United States. In history of the country the Court was an influential decision-making body on many occasions. Although shortly after the federation was established many intended to put the Court in position where weak powers given to it would not enable the institution to fully play its role of the guardian that keeps an eye on the constitutionality of adopted laws, at the beginning of the 19th century the Court found its place and became exactly what it was originally intended to be. Decision in Marbury v. Madison gained the Court the crucial power of judicial review. The power of judicial review completely changed the role of the institution that finally became the guardian of the Constitution. This thesis outlines the institutional position of the judicial branch and especially the position of the Supreme Court in American system of government. It also focuses on the political aspects of the nomination process of Supreme Court Justices and...
|
|
|
The ethnic question and federalism: a comparison of the splits of Czechoslovakia and Yugoslavia
Bidlová, Veronika ; Lisa, Aleš (advisor) ; Prorok, Vladimír (referee)
The thesis outlines a comparative case study that focuses on the separation of the Communist Federation - Czechoslovakia and Yugoslavia. The main aim of the work is to analyze the relationship between the functionality of the Communist Federation and the limited solution of the ethnic issues inside the investigated states as one of the causes of their splits in the early 1990s. Further objectives of the work include an investigation into the similarities and differences in the development of the ethnic relations of the states and also an analysis in the way they separated. The author focuses on the question regarding whether or not the splits were inevitable or whether there were possibilities for the maintenance of the common states.
|
|
|
Current Switzerland-EU relationship, reasons for non-accession
Bautina, Olga ; Dubský, Zbyněk (advisor) ; Havlová, Radka (referee)
Switzerland, a country in the heart of Europe, has been already sixty years keeping away from the complete European integration. So far this European country par excellence has not entered into the European Union and in the near future will not consider the full membership in this organization. This thesis tries to perform a complex analysis of Switzerland-EU relations, from both historical and contemporary perspectives. It deals with the possible scenarios of the Switzerland's European policy development in the near future and regards the possibility of EU membership as currently unacceptable. In this context, the author examines the reasons of the country's non-accession to the EU, starting with most obvious ones (political, economic) and ending with the least palpable ones, which are, nevertheless, the most entrenched in the minds of Swiss citizens (socio-psychological reasons).
|
guest ::
